Sudarshan Kumar @ Sudarshan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23896 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Sudarshan Kumar @ Sudarshan Kumar Singh S/o- Dinesh Prasad Thakur Village- Bhansee, P.O.- Kumhrso, P.S.- Garhpura, District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Musri Gharari P.S. Case No. 180 of 2023 dated 08.11.2023 registered for the offence punishable under Sections 414, 467, 468 of the Indian Penal Code.
3. Allegation against the petitioner is that he was realizing money from the trucks on N.H.-28 showing himself as the staff of Custom Department after parking Scorpio vehicle bearing Reg. No. BR-01PK-7275 on which Bharat Sarkar was written. When the police personnel verified the number of the said vehicle, then it was found to be forged and stolen one and on demand petitioner did not produce any documents relating to the
Patna High Court CR. MISC. No.23896 of 2024(2) dt.18-04-2024 2/3 said vehicle.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is the driver of the seized Scorpio bearing Reg. No. BR-01PK-7275. The owner of the said Scorpio is Vikash Yadav, who is proprietor of Vaibhav Enterprises. It is submitted that Vikash Yadav had made an agreement with the Custom Department for plying the vehicle on rent basis and the payment of the driver is being made by Vikash Yadav for driving the aforesaid vehicle. There is a dispute with regard to the salary of the petitioner with Vikash Yadav/owner of the said vehicle. It is submitted that owner of the said vehicle has not been made accused of this case despite the direction of the C.J.M., Samastipur (Annexure P-4). Lastly, it has been submitted that the petitioner is in custody since 09.11.2023, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.23896 of 2024(2) dt.18-04-2024 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Musri Gharari P.S. Case No. 180 of 2023. (Khatim Reza, J) prabhat/- U T